Current version for 7 July 2017 to date (accessed 22 February 2018 at 17:49)

Part 4

Part 4 Changes of tenant and landlord

74Transfer of tenancy or sub-letting by tenant

(1) A tenant may transfer the tenancy under a residential tenancy agreement to another person or sub-let the premises to another person, if the landlord gives written consent to the transfer or sub-letting.

(2) The landlord must not charge for giving consent to a transfer or sub-letting, other than for the reasonable expenses of giving consent.

(3) This section is a term of every residential tenancy agreement.

75Consent to transfer of tenancy or sub-letting

(1) No requirement for reasonable refusal for whole transfer or sub-letting The landlord may withhold consent to a transfer or sub-letting relating to the whole tenancy or residential premises whether or not it is reasonable to do so.

(2) Consent must not be unreasonably withheld for partial transfer or sub-letting The landlord must not unreasonably withhold consent to a transfer of a tenancy or sub-letting of premises if the transfer results only in one or more tenants in addition to an original tenant under the residential tenancy agreement or the partial sub-letting of the residential premises occupied by the tenant.

(3) Without limiting subsection (2), the landlord is entitled to withhold consent if:

(b) the proposed tenant or sub-tenant is listed on a residential tenancy database in accordance with this Act, or

(c) the landlord is reasonably of the opinion that the transfer or sub-letting would result in the residential premises being overcrowded.

(4) Subsections (1)–(3) are terms of every residential tenancy agreement. Subsections (2) and (3) do not apply if the landlord is a social housing provider.

(5) Remedy if landlord refuses consent The Tribunal may, on application by a tenant, order that the tenant may transfer a tenancy or sub-let residential premises as referred to in subsection (2) if the Tribunal is of the opinion that the landlord’s failure to consent is unreasonable.

76Notice of sale of residential premises by landlord

(1) This section applies if residential premises subject to a tenancy are sold.

(2) The landlord, landlord’s agent or other person authorised by the landlord must give the tenant a notice of the sale containing the following:

(a) the name of the purchaser,

(b) a direction that the tenant pay all future rent to the purchaser.

Note.

For the effect of such a notice on requirements at law for an attornment, see section 125 of the Conveyancing Act 1919.

77Recognition of certain persons as tenants

(1) The Tribunal may, on application by a person who is occupying residential premises, make an order recognising the person as a tenant under a residential tenancy agreement or join the person as a party to any proceedings relating to the premises, or both.

(2) The Tribunal may make an order if:

(a) the sole tenant under the residential tenancy agreement to which the premises are subject has died, or

(b) the tenant no longer occupies the premises.

(3) An order under this section may:

(a) vest a tenancy over the residential premises in the occupant on such of the terms of the previous residential tenancy agreement as the Tribunal thinks appropriate, having regard to the circumstances of the case, and

(b) vest the tenancy from a date that is earlier than the order.

(4) An application for an order under this section may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.

(5) This section does not apply if the landlord is a social housing provider.

78Death of co-tenant

(1) On the death of a co-tenant leaving one or more other co-tenants under a residential tenancy agreement, the remaining co-tenants may continue the tenancy or give the landlord a termination notice that has a termination date not earlier than 21 days after the day on which the notice is given.

(2) If a tenancy is continued under this section, the remaining co-tenants are taken to be the only tenants under the residential tenancy agreement on and from the death of the deceased tenant.

(3) This section applies whether or not the fixed term of the residential tenancy agreement has ended if it is a fixed term agreement.

79Change of tenants after AVO

(1) Termination of tenancy On the making of a final apprehended violence order that prohibits a co-tenant or a tenant from having access to the residential premises, the tenancy of that co-tenant or tenant under the residential tenancy agreement is terminated. Such a termination does not affect the tenancy of any co-tenant not subject to the order.

(2) Tribunal may recognise occupant as tenant after AVO The Tribunal may, on application by a remaining occupant or co-tenant, make an order recognising the remaining occupant as a tenant under the residential tenancy agreement, if the tenant, or a co-tenant or a former tenant or co-tenant is prohibited by a final apprehended violence order from having access to the residential premises.

(3) Orders An order under this section may vest a tenancy over the residential premises in an occupant on such of the terms of the previous residential tenancy agreement as the Tribunal thinks appropriate having regard to the circumstances of the case.

(4) An application for an order under this section may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.

(5) A Tribunal may not make an order under this section in respect of a social housing tenancy agreement unless the remaining occupant meets any applicable eligibility requirements of the social housing provider for tenancy of the premises.